WHAT’S THE ‘PRIORITY DATE’ OF A PATENT APPLICATION?

When you first file a patent application for a particular invention, the date that the application is lodged with the Patent Office becomes the application’s priority date. In some circumstances it’s possible to file a subsequent patent application, for the same invention, so that the subsequent patent application retains the priority date of the first patent application.

 

This can happen when a provisional patent application is filed as a first application and then subsequently a standard patent application is filed within one year claiming association from the provisional patent application.

 

Another common situation is when a first patent application for an invention is made in a Paris Convention country and then subsequently the owner of the first patent application files subsequent patent applications in one or more other Paris Convention countries within one year of the first filing.



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